Water Sharing Plan for the Central Coast Unregulated Water Sources 2009 (NSW)
Part 15 allows for amendments to be made to Part 1.
This Plan is the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009 (hereafter
This Plan is made under section 50 of the Water Management Act 2000 (hereafter
This Plan is a plan for water sharing, and generally deals with the matters set out in sections 20 and 21 of the Act.
This Plan commences on 1 August 2009.
1 In accordance with section 43 of the Act, this Plan will have effect for 10 years from 1 July 2010.
2 The Minister may extend this Plan for a further period of 10 years after it is due to expire, in accordance with section 43A of the Act.
This Plan applies to the following water sources known as the Central Coast Unregulated and Alluvial Water Sources (
(a) Brisbane Water Water Source,
(b) Mooney Mooney Creek Water Source,
(c) Mangrove Creek Water Source,
(d) Wyong River Water Source,
(e) Tuggerah Lakes Water Source,
(f) Jilliby Jilliby Creek Water Source,
(g) Ourimbah Creek Water Source.
An overview of these water sources is shown in Appendix 1.
These water sources are shown on the Plan Map called Plan Map (WSP005_Version2) Water Sharing Plan for the Central Coast Unregulated Water Sources 2009 (hereafter
The Plan Map is part of this Plan. An overview of the Plan Map is shown in Appendix 1. Copies of the Plan Map may be inspected at offices listed in Appendix 2 and are available on the NSW legislation website.
Subject to subclause (4), these water sources include all water:
(a) occurring naturally on the surface of the ground within the boundaries of these water sources shown on the Plan Map,
(b) in rivers, lakes and wetlands within the boundaries of these water sources shown on the Plan Map, and
(c) contained within all alluvial sediments below the surface of the ground within the boundaries of these water sources shown on the Plan Map.
1 Alluvial sediments is defined in the Dictionary.
2 This Plan also applies to the alluvial sediments below the surface of the ground within the Central Coast Water Source which were not included in the Water Sharing Plan for the Central Coast Unregulated Water Sources 2009.
These water sources do not include water contained in:
(a) the coastal sands,
(b) any fractured or porous rocks, or
(c) the area of land below the mangrove limit, except for the Wamberal Lagoon, Avoca Lake and Cockrone Lake in the Brisbane Water Water Source.
This Plan, as amended by the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016, replaces the Water Sharing Plan for the Jilliby Jilliby Creek Water Source 2003 and the Water Sharing Plan for the Ourimbah Creek Water Source 2003.
This Plan also applies to the alluvial sediments below the surface of the ground within the Jilliby Jilliby Creek Water Source and the Ourimbah Creek Water Source which were not included in the Water Sharing Plan for the Jilliby Jilliby Creek Water Source 2003 and the Water Sharing Plan for the Ourimbah Creek Water Source 2003, and within the Brisbane Water Water Source, the Mooney Mooney Creek Water Source, the Mangrove Creek Water Source, the Wyong River Water Source and the Tuggerah Lakes Water Source, which were not originally included in this Plan.
For the purpose of this Plan, the following water sources are divided into the following management zones and are shown on the Plan Map for these water sources:
(a) the Brisbane Water Water Source is divided into the:
(i) Brisbane Water Management Zone, and
(ii) Brisbane Water Plateau Management Zone,
(b) the Mooney Mooney Creek Water Source is divided into the:
(i) Mooney Mooney Plateau Management Zone, and
(ii) Mooney Mooney Creek Management Zone,
(c) the Mangrove Creek Water Source is divided into the:
(i) Mangrove Plateau Management Zone, and
(ii) Mangrove Creek Management Zone, and
(d) the Wyong River Water Source is divided into the:
(i) Wyong Plateau Management Zone, and
(ii) Wyong River Management Zone.
An overview of these management zones is shown in Appendix 1.
The Minister may amend this Part to:
(a) amend (including to amend the boundaries of) an existing water source or management zone in these water sources, and
(b) establish new or additional water sources or management zones in these water sources.
In instances where in-stream structure such as weirs are removed, this is likely to result in a change to the tidal limit of the water source, and a resultant change in the boundary of the water source and management zones, where applicable.
The tidal pool is that area between the lower tidal limit and the upper mangrove limit. The tidal limit and mangrove limit are defined by the NSW Government’s Manly Hydraulics Laboratory. Rules for a new management zone for an estuarine tidal pool may require an adjustment to the Plan rules for the remainder of the water source.
The Plan Map for these water sources may be amended or updated from time to time including as a result of any amendment made by this Plan.
This Plan applies to the Gosford Extraction Management Unit and the Tuggerah Lakes Extraction Management Unit (
These Units specified in subclause (1) are shown on the Plan Map.
A long-term average annual extraction limit is established in Part 9 of this Plan for these Units. The long-term average annual extraction limit determines the maximum volume of water that may be extracted under access licences and pursuant to domestic and stock rights and native title rights from all water sources within these Units on a long-term average annual basis.
Table A — Extraction management units
Column 1 – Extraction management unit | Column 2 – Water sources |
Gosford Extraction Management Unit | Brisbane Water Water Source Mooney Mooney Creek Water Source Mangrove Creek Water Source |
Tuggerah Lakes Extraction Management Unit | Jilliby Jilliby Creek Water Source Ourimbah Creek Water Source Tuggerah Lakes Water Source Wyong River Water Source |
This Plan contains various rules. Where appropriate, rules specified in this Plan are given effect by mandatory conditions for access licences and approvals contained in Part 12 of this Plan.
Words and expressions that are defined in the Dictionary in Schedule 1 to this Plan have the meaning set out in that Schedule.
Unless otherwise defined in this Plan, words and expressions that are defined in the Act or in the regulations made under the Act have the same meaning in this Plan.
Schedules to this Plan form part of this Plan.
Notes in the text of this Plan do not form part of this Plan.
Appendices to this Plan do not form part of this Plan.
Unless otherwise specified in this Plan, a clause that applies to a category of access licence also applies to any subcategories of that category of access licence.
This Part is made in accordance with section 35 (1) of the Act.
The vision of this Plan is to provide sustainable and integrated management of these water sources for the benefit of both present and future generations.
This Plan also recognises the following respect statements for Aboriginal values in these water sources:
(a) life-giving water is of extreme significance to Aboriginal culture for its domestic, traditional and spiritual values, and
(b) whilst water supplied for the environment will provide protection for native flora and fauna, water for fishing, food gathering and recreational activities, it is important that the community respects the spiritual significance of water to the Aboriginal people.
Respect is paid to the traditional owners of this country, who are acknowledged as the first natural resource managers within these water sources.
The objectives of this Plan are to:
(a) protect, preserve, maintain or enhance the important river flow dependent ecosystems of these water sources,
(b) protect, preserve, maintain or enhance the Aboriginal, cultural and heritage values of these water sources,
(c) manage these water sources to ensure equitable sharing between users,
(d) protect basic landholder rights,
(e) manage local water utility/major utility water supply security for the benefit of the community whilst recognising the environmental needs of the water source,
(f) provide opportunities for market based trading of access licences and water allocations within sustainability and system constraints,
(g) provide sufficient flexibility in water account management to encourage responsible use of available water, and
(h) adaptively manage these water sources.
For the purposes of the Inter-governmental Agreement on the National Water Initiative (2004) the environmental and other public benefit outcomes provided under this Plan include:
1. the important river flow dependent environmental, Aboriginal, cultural and heritage values of these water sources are protected, preserved, maintained or enhanced,
2. these water sources are managed to ensure equitable sharing between users, and
3. basic landholder rights of owners, or occupiers, of land are protected.
The strategies of this Plan are to:
(a) establish environmental water rules,
(b) identify water requirements for basic landholder rights,
(c) identify water requirements for access licences,
(d) establish rules for granting of access licences and approvals,
(e) establish rules that place limits on the availability of water for extraction,
(f) establish rules for making available water determinations,
(g) establish rules for the operation of water accounts,
(h) establish rules which specify the circumstances under which water may be extracted,
(i) establish access licence dealing rules,
(j) establish performance indicators and
(k) identify triggers for and limit to changes to the rules.
The following indicators are to be used to determine the performance of this Plan against its objectives:
(a) change in low flow regime,
(b) change in moderate to high flow regime,
(c) change in local water utilities access,
(d) change in, or maintenance of, ecological value of key water sources and their dependent ecosystems,
(e) extent to which basic landholder rights requirements have been met,
(f) extent to which major and local water utility requirements have been met,
(g) extent to which native title rights requirements have been met,
(h) change in economic benefits derived from water extraction and use, and
(i) extent of recognition of spiritual, social, economic and customary values of water to Aboriginal people.
This Plan is to be audited pursuant to section 44 of the Act for the purpose of ascertaining whether its provisions are being given effect to.
This Part is made in accordance with sections 20 (2) (a) and 20 (2) (c) of the Act.
This Plan recognises the effects of climatic variability on river flow variability in these water sources by having provisions that manage:
(a) the sharing of water in these water sources within the limits of water availability on a long-term average annual basis, and
(b) the sharing of flows that occur in specified water sources on a daily basis.
(Repealed)
Subject to subclauses (3) and (4), for the purposes of this Plan all flows referred to in clause 17 (1) are measured flows at the flow reference point(s) for each water source or management zone specified in clause 17.
The Minister may amend this Plan to add or remove flow reference points, including if there are any changes to flow classes under clauses 17 (2), 17 (3), 17 (4) and 17 (5) of this Plan.
The Plan Map for these water sources may be amended as a result of the establishment of, or changes to, flow reference points under this Part.
In the event of any failure of a flow reference point in these water sources, flow classes in the water source may be imposed pursuant to an order made under section 324 of the Act.
For flow classes that are determined based on flows at more than one flow measuring gauge, on any day that it is not possible to determine the flow at a flow reference point specified in clause 17 (1) due to flow data not being available from a flow measuring gauge, then the flow class applies for the relevant management zone when flows as measured at the remaining functioning gauge specified in clause 17 (1) are equal to the flows specified in clause 17 (1) for that gauge.
Subject to subclause (3), if, in the Minister’s opinion, accurate flow data is not available on a particular day from a flow measuring gauge used to determine a flow class, the Minister may determine the flow class that applies for that day and notify the licence holder in writing of the flow class that applies for that day. For the purpose of this subclause, notification includes publishing a notice on the Department’s website.
For the purpose of determining the flow class that applies on a particular day under subclause (4), the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.
On days that accurate flow data is not available, holders of access licences may contact the Department’s office at the address listed in Appendix 3 or check the Department’s website to find out what flow class applies on that day.
There is a general requirement for holders of water supply work approvals to record in a Logbook, where one is required to be kept, a confirmation and means of confirmation that the relevant cease to take conditions do not apply before taking water. Holders of access licences may contact the Department’s Dangar office at the address listed in Appendix 2 or check the Department’s website to find out what flow class applies that day and note this as required in the Logbook. In determining whether access to water is permitted that day, the Minister may take into consideration evidence of past and current flows and readings at other functioning upstream and downstream gauges.
This Plan establishes the following flow classes as the basis for sharing of daily flows from these water sources:
(a) for the Wyong River Water Source:
(i) for all access licences, excluding local water utility access licences:
(A) for the first three years of this Plan or until the upgraded works to the infrastructure specified in Schedule 3 are completed, whichever is the sooner, the Very Low Flow Class is when there is no visible flow at gauging stations 211009 or 211010, hereafter the Very Low Flow Class is when the combined flows at gauging stations 211009 and 211010 are equal to or less than 4 megalitres per day (hereafter
ML/day ),Note— 4 ML/day corresponds to the estimated 95
th percentile of all days with flow.(B) subject to subclause (1) (a) (i) (C), for the first three years of this Plan, A Class is when there is a visible flow at gauging stations 211009 and 211010, for year 4 and 5 of this Plan, A Class is when the combined flows at gauging stations 211009 and 211010 are greater than 4 ML/day, thereafter A Class is when the combined flows at gauging stations 211009 and 211010 are greater than 4 ML/day and less than 13.5 ML/day,
Note— 13.5 ML/day corresponds to the estimated 80
th percentile of all days with flow.Note— The top of the Very Low Flow Class may be amended under subclause (7) to a level no less than the 98
th percentile (which corresponds to 2 ML/day) and no more than the 95th percentile (which corresponds to 4 ML/day).(C) if the upgraded works are completed, A Class is when the combined flows at gauging stations 211009 and 211010 are greater than 4 ML/day and less than 13.5 ML/day,
(D) for the first five years of this Plan, or until the upgrade works to the infrastructure specified in Schedule 3 are completed, whichever occurs sooner, no B Class is established, thereafter B Class is when the combined flows at gauging stations 211009 and 211010 are equal to or greater than 13.5 ML/day and less than 26 ML/day, and
Note— 26 ML/day corresponds to the estimated 50
th percentile of all days with flow.(E) for the first five years of this Plan, or until the upgrade works to the infrastructure specified in Schedule 3 are completed, whichever is the sooner, no C Class is established, thereafter C Class is when the combined flows at gauging stations 211009 and 211010 are equal to or greater than 26 ML/day,
Note— When temporary water restrictions under a drought management plan are implemented by the local water utilities the Department in consultation with Gosford/Wyong Councils’ Water Authority will assess water availability in the Wyong River Water Source and the level of risk to the ability of the local water utility to supply water. This will inform whether action is required to declare a severe water shortage and relax access rules for the local water utility and other access licences accordingly.
(ii) for all local water utility access licences:
(A) the Very Low Flow Class is when the combined flows at gauging stations 211009 and 211010 are equal to or less than 4 ML/day,
Note— 4 ML/day corresponds to the estimated 95
th percentile of all days with flow.Note— Whilst there is a Very Low Flow Class for local water utility access licences from the commencement of this Plan, clause 19 (3) (d) permits the taking of water by local water utilities when flows are in the Very Low Flow Class for the first three years of this Plan, or until the upgraded fishway for the Wyong River Weir and the new Wyong River pump station are completed, whichever is the sooner, for the purposes of town water supply only. However, during this period the taking of water under local water utility access licences is limited in accordance with clause 19 (3) (g).
(B) A Class is when the combined flows at gauging stations 211009 and 211010 are greater than 4 ML/day and less than 13.5 ML/day,
Note— 13.5 ML/day corresponds to the estimated 80
th percentile of all days with flow.Note— It is intended that the Wyong Weir will be upgraded during the life of this Plan. This will include an improved fishway and possible amendment to the control point proposed to replace existing flow reference points for access rules. The flow class rules developed for this Plan are based on fish passage requirements associated with the improved fishway. Once the fishway is upgraded, the new pump station commissioned and a new gauging station is established at the weir, local water utility extractions will be managed such that flows through the fishway will be within the operating range of the fishway. However, extreme river flow conditions such as flows less than 2 ML/day and very high flows may be outside the operating range of the proposed fishway.
Note— These flow classes may be amended under clause 17(4) based on monitoring and investigations associated with the Wyong River Environmental Flows Study. The top of the Very Low Flow Class in the Wyong River Water Source may be amended to a level no less than the 95
th percentile (which corresponds to 4 ML/day) and the bottom of B Class is no more than the 70th percentile (which corresponds to 22 ML/day).(C) B Class is when the combined flows at gauging stations 211009 and 211010 are equal to or greater than 13.5 ML/day and less than 26 ML/day, and
Note— 26 ML/day corresponds to the estimated 50
th percentile of all days with flow.(D) C Class is when the combined flows at gauging stations 211009 and 211010 are equal to or greater than 26 ML/day,
Note— When temporary water restrictions under a drought management plan are implemented by the local water utilities, the Department in consultation with Gosford/Wyong Councils’ Water Authority will assess water availability in the Wyong River Water Source and the level of risk to the ability of the local water utility to supply water. This will inform whether action is required to declare a severe water shortage and relax access rules for the local water utility and other access licences accordingly.
(b) for the Tuggerah Lakes Water Source, no flow classes are established by this Plan,
(c) for the Brisbane Water Water Source, no flow classes are established by this Plan,
(d) for the Mooney Mooney Creek Water Source, no flow classes are established by this Plan,
Note— At year six of this Plan flow classes may be established based on further investigations as set out under clause 17 (2) of this Plan.
(e) for the Mangrove Creek Water Source, no flow classes are established by this Plan,
Note— At year six of this Plan flow classes may be established based on further investigations as set out under subclause (2).
(f) for the Jilliby Jilliby Creek Water Source, for all access licences:
(i) the Very Low Flow Class is when the flows at gauging station 211010 are equal to or less than 1 ML/day,
Note— 1 ML/day corresponds to the estimated 78th percentile of all days with flow.
(ii) B Class is when the flows at gauging station 211010 are greater than 1 ML/day and equal to or less than 3.3 ML/day,
(iii) C Class is when flows at gauging station 211010 are greater than 3.3 ML/day and equal to or less than 8 ML/day,
(iv) D Class is when flows at gauging station 211010 are greater than 8 ML/day, and
(g) for the Ourimbah Creek Water Source, for all access licences:
(i) the Very Low Flow Class is when the flows at gauging station 211015 are equal to or less than 4 ML/day,
Note— 4 ML/day corresponds to the estimated 91st percentile of all days with flow.
(ii) A Class is when the flows at gauging station 211015 are greater than 4 ML/day and equal to or less than 7 ML/day on a falling river or greater than 4 ML/day and equal to or less than 7 ML/day on a rising river,
(iii) B Class is when flows at gauging station 211015 are greater than 7 ML/day and equal to or less than 25 ML/day,
(iv) C Class is when flows at gauging station 211015 are greater than 25 ML/day and equal to or less than 60 ML/day,
(v) D Class is when flows at gauging station 211015 are greater than 60 ML/day and equal to or less than 160 ML/day,
(vi) E Class is when flows at gauging station 211015 are greater than 160 ML/day.
The Minister may amend subclauses 1 (d) and 1 (e), after year five of this Plan, to establish flow classes in the Mooney Mooney Creek Water Source and Mangrove Creek Water Source, based on further investigations to determine appropriate surface water levels and flow reference points to allow rule development.
The Minister may amend subclauses 1 (a) (i), (1) (d) and/or (1) (e), to vary or establish a new or additional flow class or flow classes based on the outcomes of monitoring and investigations carried out under clause 75 of this Plan.
The Minister may amend subclause (1) (a) (ii), to vary or establish a new or additional flow class or flow classes such that the top of the Very Low Flow Class is greater or equal to the 95
The 95
The Minister may amend subclause (1) to establish a new or additional flow class or flow classes in any water source where management zones or water sources are added or amended during the term in accordance with clause 6 of this Plan.
The Minister may amend the flow reference points specified in subclauses (1) (a) (i) and (1) (a) (ii), to specify equivalent flows at the Wyong River Weir in the Wyong River Water Source.
Following an amendment under subclause (6), the flow classes specified in subclause (1) (a) (i) may be amended such that the top of the Very Low Flow Class is equivalent to a flow of no less than 2 ML/day and no more than 4 ML/day, where evidence of economic hardship has been provided to the Minister by access licence holders in the water source based on the implementation of the flow class rules as established at the commencement of this Plan.
2 ML/day equates to the 98th percentile flow and 4 ML/day equates to the 95
In amending any provisions as specified in subclauses (2)–(7), the net effect should not reduce the yield of the local water utilities water supply below 47,300 megalitres per year (hereafter
47,300 ML/year refers to the 2050 demand projection for the Central Coast.
At the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016, flow data for flow reference points that are located at a flow measuring gauge can be found at depth="1" number="Part 4">
This Part is made in accordance with sections 8, 8A and 20 of the Act.
This Part contains environmental water rules for the commitment, identification, establishment and maintenance of planned environmental water in these water sources.
In accordance with the Act, planned environmental water is water that is committed by management plans for fundamental ecosystem health or other specified environmental purposes, either generally or at specified times or in specified circumstances and that cannot to the extent committed be taken or used for any other purpose.
Planned environmental water is identified and established in these water sources as follows:
(a) water volume in excess of the respective long-term average annual extraction limit established in clause 35 of this Plan may not be taken and used for any purpose in these water sources, thereby protecting a proportion of river flows for fundamental ecosystem needs from increases in long-term water extraction, and
(b) for all water sources, the water remaining in the water source after taking water to meet basic landholder rights and for access licences in accordance with the rules identified in subclause (3).
The planned environmental water established in subclause (1) (a) for these water sources is maintained by the rules in clause 38 that limit the availability of water for extraction under access licences, thereby protecting a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.
The planned environmental water established in subclause (1) (b) is maintained as follows:
(a) subject to paragraph (d), water must not be taken under an access licence with a share component that specifies a water source or an extraction component that specifies a management zone with a relevant Very Low Flow Class that has commenced, when flows are in the relevant Very Low Flow Class,
(b) subject to paragraph (d), water must not be taken under an access licence where a cease to take condition that was specified in the Water Act 1912 entitlement that the access licence replaces is, in the Minister’s opinion, higher than:
(i) the upper limit of the relevant Very Low Flow Class (as specified in clause 17), or
(ii) the access rules specified in paragraph (c), when flows are at or less than the cease to take condition that was specified on the replaced Water Act 1912entitlement.
This paragraph does not apply to access licences with a share component that specifies the Jilliby Jilliby Creek Water Source or the Ourimbah Creek Water Source,
Note— Water Act 1912 entitlement is defined in the Dictionary.(c) subject to paragraph (d), in the Wyong River Water Source, Tuggerah Lakes Water Source, Brisbane Water Water Source, Jilliby Jilliby Creek Water Source and Ourimbah Creek Water Source, water must not be taken under an access licence:
(i) if there is no visible flow in the water source at the location at which water is proposed to be taken, or
(ii) where water is being taken from a pool, if there is no visible inflow or outflow to or from that pool,
(d) paragraphs (a)–(c) do not apply to the following:
(i) the taking of water under an access licence to which Schedule 2 applies which replaces a Water Act 1912 entitlement that allowed water to be taken in the Very Low Flow Class, for a purpose listed below, provided that the water taken does not exceed 20 kilolitres per day per access licence, or such lower amount specified on the access licence in accordance with paragraph (e):
(A) fruit washing,
(B) cleaning of dairy plant and equipment for the purpose of hygiene,
(C) poultry washing and misting, or
(D) cleaning of enclosures used for intensive animal production for the purposes of hygiene,
(ii) the taking of water for domestic consumption under a domestic and stock access licence, a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan,
(iii) the taking of water using a runoff harvesting dam,
(iv) the taking of water from an in-river dam pool, excluding the Jilliby Jilliby Creek Water Source and the Ourimbah Creek Water Source,
(v) for the Jilliby Jilliby Creek Water Source and the Ourimbah Creek Water Source, the taking of water from an in-river dam pool when the in-river dam is passing all inflows,
(vi) the taking of water under a local water utility access licence to which Schedule 2 applies, for the first three years of this Plan or the upgraded fishway for the Wyong River Weir and new Wyong River Pump Station are completed, whichever is sooner, for the purposes of town water supply only,
(e) the Minister may, in relation to an access licence to which paragraph (d) (i) applies, amend the licence to reduce the maximum daily volume limit, if the Minister is satisfied that the reduced volume is satisfactory to meet the purpose for the licence as referred to in paragraph (d) (i),
(f) in the Wyong River Water Source the holders of access licences must take water in accordance with the rules specified in clause 47 of this Plan of A Class, B Class and C Class,
(g) until year three of this Plan, or the upgraded fishway for the Wyong River Weir and new Wyong River pump station are completed, whichever is the sooner, in the Wyong River Water Source, the following access conditions shall apply to local water utility access licences for any two weeks in both October and December:
(i) a cease to pump equal to a visible flow over the Wyong Weir Flow Reference Point, and
(ii) pumping may commence 24 hours after the spilling of the Wyong River Weir,
(h) water must not be taken from an in-river dam pool unless the in-river dam is passing such flows in such circumstances as specified on the water supply work approval for the in-river dam. This paragraph does not apply to access licences with a share component that specifies the Jilliby Jilliby Creek Water Source or the Ourimbah Creek Water Source,
(i) the flows and circumstances to be specified on the water supply work approval for the in-river dam referred to in paragraph (h) are:
(i) the flows and circumstances that were specified in conditions on the Water Act 1912 entitlement that the approval replaces, or
(ii) where no flows and circumstances were specified on the Water Act 1912 entitlement, the flows and circumstances determined by the Minister,
(j) water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has not been established under clause 17 of this Plan, unless flows exceed a flow class or level determined by the Minister:
(i) a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act,
(ii) a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, and
(k) water must not be taken under one of the following access licences with a share component that specifies a water source where a B Class has been established under clause 17, when flows are in the Very Low Flow Class or A Class:
(i) a new local water utility access licence granted after the commencement of this Plan pursuant to section 66 (3) or (4) of the Act,
(ii) a new major utility (subcategory “Urban water”) access licence granted after the commencement of this Plan that has not replaced a local water utility access licence, or
(iii) a new access licence with a zero share component granted after the commencement of this Plan.
The Minister may amend subclause (3) during the term of this Plan to establish a rule that prohibits pumping until a specified flow has occurred for a specified number of hours in the Wyong River Water Source, the Mangrove Creek Water Source or the Mooney Mooney Creek Water Source.
Following the establishment or amendment of a flow class or flow classes within any management zone or water source under clauses 17 (4) and 17 (5) of this Plan, the Minister may amend this Plan to amend subclauses (1), (2) and (3) to identify, establish and maintain planned environmental water in the relevant water source such that the amendments made under this clause reflect the amendments made under clauses 17 (4) and 17 (5).
The effect of clause 17 (4) is that the flow classes can be amended as a result of monitoring and investigations subject to the Very Low Flow Class not being less than the 95th percentile flow or the bottom of B Class not being greater than the 70th percentile flow. Clause 17 (5) allows the amendment of flow classes if a new management zone is added.
The Minister may amend subclause (3) following an amendment under clause 17 (6).
The Minister may establish and/or amend the Very Low Flow Class access conditions specified in subclause (3) for local water utility access licences or access licences of the subcategory “Town water supply” specified in this Part.
In amending any provisions as specified in subclauses (4)–(7), the net effect should not reduce the yield of the local water utilities water supply below 47,300 ML/year, including any water sourced from Hunter Water Corporation.
47,300 ML/year refers to the 2050 demand projection for the Central Coast.
The Minister may amend subclause (3) after year five of this Plan, to specify that an access licence in the Mangrove Creek Water Source and Mooney Mooney Creek Water Source, excluding access licences to which Schedule 2 applies, must not be used to take water if there is no visible flow in the water source at the location at which water is proposed to be taken or where water is being taken from a pool, if there is no visible inflow and outflow to and from that pool.
Subclause (3) does not apply to the taking of water under an access licence that is used:
(a) in association with an aquifer interference activity that is an approved EPAct development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(b) in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.
The rules in this clause apply to the taking of water under an access licence from these alluvial sediments, excluding the taking of water:
(a) under an access licence used only to account for the taking of water in association with an aquifer interference activity for an approved EPA Act development when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved in accordance with the development consent for the activity under the Environmental Planning and Assessment Act 1979, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause, or
(b) under an access licence used only to account for the taking of water in association with an aquifer interference activity when:
(i) in the Minister’s opinion, there are no reasonably practicable measures the access licence holder can take to comply with the access rules under this clause, and
(ii) the access licence holder has a water management plan for the aquifer interference activity that has been approved by the Minister, and
(iii) the water management plan includes conditions that require the return of water to the water source to mitigate the taking of water during times when the access rules apply under this clause.
Subject to subclause (4), water must not be taken under the following access licences with a share component that specifies a water source with a Very Low Flow Class that has commenced, when flows in that water source are in the Very Low Flow Class:
(a) an aquifer access licence that has arisen from a conversion from an unregulated river access licence, or
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subject to subclause (4), water must not be taken under the following access licences when there is no visible flow in the river immediately adjacent to the water supply work from which the water is proposed to be taken:
(a) an aquifer access licence that has arisen from a conversion from an unregulated river access licence, or
(b) an access licence, other than an aquifer access licence, that nominates a water supply work that is capable of being used to take water from these alluvial sediments.
Subclauses (2)–(6) do not apply to the following:
(a) the taking of water under an access licence to which clause 1 of Schedule 2A applies, for any of the purposes listed below, provided that the volume of water taken does not exceed 20 kilolitres per day per access licence, or such lower amount specified on the access licence in accordance with subclause (5):
(i) fruit washing,
(ii) cleaning of dairy plant and equipment for the purpose of hygiene,
(iii) poultry watering and misting,
(iv) cleaning of enclosures used for intensive animal production for the purposes of hygiene,
(b) the taking of water for domestic consumption only under a domestic and stock access licence or a domestic and stock (subcategory “domestic”) access licence that existed at the commencement of this Plan, provided that the volume of water taken does not exceed 1 kilolitre per house supplied by the access licence per day,
(c) the taking of water under a local water utility access licence or an access licence of the subcategory “Town water supply” to which clause 2 of Schedule 2A applies.
The Minister may amend a water supply work approval to reduce the maximum daily volume limit imposed by the rule under subclause (4) (a) if the Minister is satisfied that the reduced volume is satisfactory to meet the relevant purpose referred to in that subclause.
This clause may be amended at or after 1 July 2022 to establish access rules for the taking of water from these alluvial sediments.
It is intended that access rules will be established when this Plan is replaced under section 43 of the Act or extended under section 43A of the Act.
This Part is made in accordance with section 20 (1) (b) of the Act.
The water requirements of persons entitled to domestic and stock rights in these water sources are estimated to total 297.3 ML/year, distributed as follows:
(a) 80.3 ML/year in the Wyong River Water Source,
(b) 73 ML/year in the Tuggerah Lakes Water Source,
(c) 29.2 ML/year in the Brisbane Water Water Source,
(d) 1.5 ML/year in the Mooney Mooney Creek Water Source,
(e) 11 ML/year in the Mangrove Creek Water Source,
(f) 47.5 ML/year in the Jilliby Jilliby Creek Water Source,
(g) 54.8 ML/year in the Ourimbah Creek Water Source.
This Plan recognises that the exercise of domestic and stock rights may increase during the term of this Plan.
Domestic and stock rights must be exercised in accordance with any mandatory guidelines established under section 336B of the Act with respect to the taking and use of water for domestic consumption or stock watering. An increase in use of domestic and stock rights may occur as a result of an increase in the number of landholdings fronting rivers and lakes in these water sources and/or as a result of the increase in the exercise of basic landholder rights by existing landholders. The volumes set out in this clause are separate from any volumes of water licensed for domestic and stock purposes in these water sources.
Inherent water quality and land use activities may make the water in some areas unsuitable for human consumption. Water from these water sources should not be consumed without it first being tested and appropriately treated.
At the commencement of this Plan there are no native title rights in these water sources and therefore the water requirements for native title rights total 0 ML/year.
This Plan recognises that the exercise of native title rights may increase during the term of this Plan.
A change in native title rights may occur pursuant to the provisions of the Native Title Act 1993 (Cth).
The requirement for water under harvestable rights is the amount of water that owners of land are entitled to capture pursuant to a harvestable rights order made under section 54 of the Act and published from time to time in the NSW Government Gazette.
This Part is made in accordance with section 20 (1) (e) of the Act.
This Plan establishes a bulk access regime for the extraction of water under access licences in these water sources having regard to:
(a) the environmental water provisions established under Part 4 of this Plan,
(b) the requirements for basic landholder rights identified under Part 5 of this Plan,
(c) the requirements for water for extraction under access licences identified under Part 7 of this Plan,
(d) the access licence dealing rules established under Part 11 of this Plan.
The bulk access regime established in subclause (2):
(a) recognises the effect of climate variability on the availability of water as provided for under Part 3 of this Plan,
(b) establishes rules according to which access licences are granted as provided for in Part 8 of this Plan,
(c) recognises and is consistent with limits to the availability of water as provided for in Part 9, Division 1 of this Plan,
(d) establishes rules according to which available water determinations are to be made as provided for in Part 9, Division 2 of this Plan,
(e) establishes rules according to which access licences are managed as provided for in Parts 9 and 10 of this Plan,
(f) establishes rules with respect to the priorities according to which access licences are to be adjusted as a consequence of any reduction in the availability of water as provided for in Part 9 of this Plan,
(g) contains provisions with respect to the conditions that must be imposed as mandatory conditions on access licences contained in Division 2 of Part 12 of this Plan, and
(h) recognises and is consistent with the water management principles set out in section 5 of the Act.
This Part is made in accordance with section 20 (1) (c) of the Act.
The amount of water specified in this Part represents the total volumes or unit shares specified in the share components on access licences in these water sources. The actual volumes of water available at any time will depend on climate, access licence priority and the rules in this Plan.
It is estimated that the share components of domestic and stock access licences authorised to take water from these water sources will total 234.5 ML/year, distributed as follows:
(a) 48.5 ML/year in the Wyong River Water Source,
(b) 0 ML/year in the Tuggerah Lakes Water Source,
(c) 14 ML/year in the Brisbane Water Water Source,
(d) 44.5 ML/year in the Mooney Mooney Creek Water Source,
(e) 73.5 ML/year in the Mangrove Creek Water Source,
(f) 6.5 ML/year in the Jilliby Jilliby Creek Water Source,
(g) 47.5 ML/year in the Ourimbah Creek Water Source.
It is estimated that the share components of local water utility access licences authorised to take water from these water sources will total 105,865 ML/year, distributed as follows:
(a) 35,058 ML/year in the Wyong River Water Source,
Note— The total share component for local water utility access licences in the Wyong River Water Source may be amended under clause 31 based on the review of the study and ongoing monitoring and investigations referred to in clauses 74 and 75 of this Plan.
(b) 4 ML/year in the Tuggerah Lakes Water Source,
(c) 3 ML/year in the Brisbane Water Water Source,
(d) 17,900 ML/year in the Mooney Mooney Creek Water Source,
(e) 47,900 ML/year in the Mangrove Creek Water Source,
(f) 5,000 ML/year in the Ourimbah Creek Water Source.
It is estimated that the share components of major utility access licences authorised to take water from these water sources will total 0 ML/year.
It is estimated that the share components of unregulated river access licences authorised to take water from these water sources will total 14,012.1 unit shares, distributed as follows:
(a) 4,107.5 unit shares in the Wyong River Water Source,
(b) 30 unit shares in the Tuggerah Lakes Water Source,
(c) 216.6 unit shares in the Brisbane Water Water Source,
(d) 2,243 unit shares in the Mooney Mooney Creek Water Source,
(e) 4,260 unit shares in the Mangrove Creek Water Source,
(f) 1,029 unit shares in the Jilliby Jilliby Creek Water Source,
(g) 2,126 unit shares in the Ourimbah Creek Water Source.
It is estimated that the share components of aquifer access licences authorised to take water from the Brisbane Water Water Source will total 14 unit shares.
This Plan recognises that the total requirements for water for extraction within these water sources may change during the term of this Plan as a result of:
(a) the granting, surrender or cancellation of access licences,
(b) the granting, surrender or cancellation of access licences through a dealing under Part 11 of this Plan,
(c) the variation of local water utility licences under section 66 of the Act, and
(d) any changes due to the volumetric conversion of Water Act 1912 entitlements that are currently non-volumetric.
The share component and extraction components of local water utility access licences held by the Gosford City Council Water Supply Authority or the Wyong Council Water Supply Authority in the Wyong River, Mooney Mooney Creek or Mangrove Creek Water Sources may be amended under section 68A of the Act where studies have been undertaken by the Authorities, relating to water supply system analysis and supply security, that recommend a change in the volume of the local water utility access licence share components assigned to either or both Authorities within these water sources.
Any amendment to share components for local water utility access licences should consider the overall impacts of the change on GWCWA water security prior to any amendment taking place.
When considering an increase to local water utility access licence under sections 66 (3) or 66 (4) of the Act, consideration should be given to the following matters:
(a) whether the local water utility is actively taking all reasonable measures to implement any guidelines for the best practise management of water supply and sewerage services,
(b) whether the local water utility has investigated and is implementing all reasonable alternative options for meeting increased water demand, including stormwater use and water re-use,
(c) whether the current water entitlements would still be insufficient if the local water utility was complying with paragraphs (a) and (b),
(d) whether an increase in water entitlements is the best option for meeting increased water demand having regard to environmental impacts and costs, and
(e) such other matters as the Minister considers relevant.
This clause is made in accordance with sections 20 (2) (b), 61 and 63 of the Act, having regard to the limits to water availability in these water sources, and the need to protect dependent ecosystems.
Section 61 of the Act allows for the granting of specific purpose access licences under the regulations and the relevant water sharing plan. Only those specific purpose access licences listed in clause 10 of the Water Management (General) Regulation 2011 can be granted under the regulations. The licences that may be applied for under subclause (1) are in addition to applications for the categories and subcategories of specific purpose access licences that may be made in accordance with clause 10 of the Water Management (General) Regulation 2011. The restrictions in subclause (3) apply to the granting of specific purpose access licences.
A specific purpose access licence must not be granted in these water sources unless the Minister is satisfied that the share and extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
Applications may be made for the following specific purpose access licences in these water sources:
(a) a major utility access licence which replaces a local water utility access licence in the event that the Gosford City Council Water Supply Authority or the Wyong Council Water Supply Authority are declared to be major utilities under the Act, and
(b) an access licence that may be granted in accordance with an access licence dealing.
Notes— 1 Pursuant to sections 66 (3) and 66 (4) of the Act, the Minister may also vary a local water utility’s share component at 5 year intervals, or on application of the local water utility where there is rapid growth in population.
2 Section 61 (1) (b) of the Act also allows a person to apply for an access licence with a zero share component and section 61 (1) (c) of the Act allows for a person to apply for an access licence where the right to apply for that access licence has been acquired under section 65 of the Act.
Access licences applied for under clause 5 of the Regulation shall only be granted in the Tuggerah Lakes, Wyong River, Brisbane Water, Mangrove Creek or Mooney Mooney Creek Water Sources if the applicant can demonstrate a history of extraction in the area from the defined tidal limit to the mangrove limit.
An access licence granted under subclause (4) will have the share component determined by a process in consultation with local water users.
The determination of the share component under subclause (5) will consider the historical maximum annual extraction of water on the property.
An access licence of the subcategory “Aboriginal cultural” shall not be granted in these water sources unless the share component of the proposed access licence is less than or equal to 10 ML/year.
An access licence of the subcategory “Aboriginal cultural” may only be granted for the taking of water by an Aboriginal person or Aboriginal community for any personal, domestic or communal purpose, including drinking, food preparation, washing, manufacturing traditional artefacts, watering domestic gardens, cultural teaching, hunting, fishing, gathering and for recreational, cultural and ceremonial purposes.
A specific purpose access licence shall only be granted if the share or extraction component of the access licence is the minimum required to meet the circumstances in which the access licence is proposed to be used.
Any new access licence granted in these water sources may be subject to an access rule as specified in clause 19 (3).
The Minister may grant an access licence where the right to apply for the licence has been acquired in a manner prescribed by an order made under section 65 of the Act.
The availability of water for extraction in these water sources on a long-term basis is to be managed in accordance with this Part.
(Repealed)
For each of these Units separate long-term average annual extraction limits will apply to the taking of water under:
(a) domestic and stock rights and native title rights and access licences, other than those local water utility or major utility access licences held by Gosford and Wyong Councils, and
(b) local water utility or any major utility access licences held by Gosford and Wyong Councils (hereafter
the local water utility long-term average annual extraction limit ).
The long-term average annual extraction limit established under subclause (1) (a) in:
(a) the Tuggerah Lakes Extraction Management Unit is the sum of:
(i) the share components of all access licences in the Tuggerah Lakes Extraction Management Unit, excluding local water utility or any major utility share components held by Gosford and/or Wyong Councils, and
Note— At the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016, the LTAAEL for the Tuggerah Lakes Extraction Management Unit, excluding local water utility or any major utility share components held by Gosford and/or Wyong councils, is 7,650 ML/year.
(ii) the annual water requirements pursuant to domestic and stock rights and native title rights in the Tuggerah Lakes Extraction Management Unit, and
(b) the Gosford Extraction Management Unit is the sum of:
(i) the share components of all access licences in the Gosford Extraction Management Unit, excluding local water utility or any major utility access licences held by Gosford and Wyong Councils, and
Note— At the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016, the LTAAEL for the Gosford Extraction Management Unit, excluding, local water utility or any major utility share components held by Gosford and/or Wyong, councils is 6,893.3 ML/year.
(ii) the annual water requirements pursuant to domestic and stock rights and native title rights in the Gosford Extraction Management Unit.
The local water utility long-term average annual extraction limit established under subclause (1) (b) for the Tuggerah Lakes Extraction Management Unit will be equal to 36,750 ML/year minus:
(a) the long-term average annual extraction under local water utility or any major utility access licences held by Gosford City Council and/or Wyong Shire Council in the Gosford Extraction Management Unit, and
(b) the long-term average annual extraction under local water utility or any major utility access licences held by Gosford City Council and/or Wyong Shire Council in any groundwater source, where the water taken is not being passed through Mardi Water Treatment Plant.
Water flowing from Hunter Water Corp to Gosford Wyong Councils will be accounted against the local water utility long-term average annual extraction limit in the Tuggerah Lakes Extraction Management Unit. Water transferred from Gosford Wyong Councils to Hunter Water Corporation will be accounted against the major utility long-term average annual extraction limit in the Hunter Extraction Management Unit.
Any groundwater extraction that is being passed through Mardi Water Treatment Plant will effectively be counted as surface water extraction against the long-term average annual extraction limit.
The local water utility long-term average annual extraction limit established under subclause (1) (b) for the Gosford Extraction Management Unit will be equal to 36,750 ML/year minus:
(a) the long-term average annual extraction under local water utility or any major utility access licences held by Gosford City Council and/or Wyong Shire Council in the Tuggerah Lakes Extraction Management Unit, and
(b) the long-term average annual extraction under local water utility or any major utility access licences held by Gosford City Council and/or Wyong Shire Council in any groundwater source, where the water taken is not being passed through Somersby Water Treatment Plant.
The 36,750 ML/year figure is based on demand projections to 2013. This is the expected date that releases will commence from Tillegra Dam and upgrade works will be finalised for Grahamstown Dam. At this time operation of the water supply system will vary and a number of relevant plan provisions within the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 and this Plan will need to be reviewed to determine their appropriateness in line with the new operations.
Any groundwater extraction that is being passed through Somersby Water Treatment Plant will effectively be counted as surface water extraction against the long-term average annual extraction limit.
After commencement of releases from Tillegra Dam or after 1 July 2013, whichever occurs sooner, the local water utility long-term average annual extraction limits established under subclauses (3) and (4) for the Tuggerah Lakes and Gosford Extraction Management Units will be reviewed, taking into consideration:
(a) instream habitat and estuary requirements, and
(b) local water utility long-term demand requirements.
The Minister may amend this Plan, to vary the local water utility long-term average annual extraction limit specified in subclauses (3) and (4) in accordance with the outcomes of the review specified in subclause (5).
The Minister may amend this Plan to amend subclause (1) (b) and the local water utility long-term average annual extraction limit specified in subclauses (3) and (4) following the granting of access licences to Gosford or Wyong Councils for the purpose of stormwater harvesting.
The Minister may amend this Plan to amend the local water utility long-term average annual extraction limit specified in subclauses (3) and (4) in accordance with the outcomes of the review specified in clause 38 (11) of this Plan.
The long-term average annual extraction limit for one or more of these Units may vary following the granting, cancellation or modification of access licences under the Act or through a dealing under Part 11 of this Plan.
The long-term average annual extraction limit for an extraction management unit may vary following the purchase and cancellation of an access licence in the extraction management unit.
This clause applies from the third year of this Plan.
The total water extracted pursuant to basic landholder rights and access licences in these Units, other than local water utility or any major utility access licences held by Gosford City Council and Wyong Shire Council, will be assessed each water year to determine if the long-term average annual extraction limit established by clause 35 (2) for each extraction management unit has been exceeded.
Commencing in the fourth water year in which this Plan has effect, the assessment referred to in subclause (2) must compare the long-term average annual extraction limits established in clause 35 (2) for the respective extraction management unit against the annual extraction averaged over the preceding three water years for that extraction management unit.
Compliance with the long-term average annual extraction limit established for each extraction management unit is to be managed in accordance with this clause.
Commencing in the fourth water year in which this Plan has effect, if, in the Minister’s opinion, the assessment under clause 37 demonstrates that the average of the annual extractions in the respective extraction management unit in the preceding three water years has exceeded the long-term average annual extraction limit established under clause 35 for that extraction management unit by 5% or more, then available water determinations for unregulated river access licences and aquifer access licences in that extraction management unit are to be reduced for the following water year in accordance with subclause (3).
The reduction under subclause (2) is to be of an amount that is, in the Minister’s opinion, necessary to return the long-term average annual extractions in the respective extraction management units to the long-term average annual extraction limit established under this Part.
The average annual volume of water taken under all local water utility or major utility access licence held by Gosford City Council Water Supply Authority and Wyong Council Water Supply Authority in an extraction management unit, in any 10 consecutive water years may not exceed a volume equal to the respective long-term average annual extraction limit specified in clause 35 (3) and (4) of this Plan.
In each of these Units the total water taken under local water utility or any future major utility access licences held by Gosford City Council and Wyong Shire Councils will be monitored each water year to determine if there is any growth above the respective local water utility long-term average annual extraction limit established under clause 35 (3) and (4), based on a comparison of the long-term average annual extraction limit against the average annual amount of water taken within these Units over a rolling ten year period commencing from the start of this Plan, except where subclause (6) applies.
If the long-term average annual extraction limit specified in clause 35 (3) and (4) is amended under clause 35 (6) then growth in the “water taken” above the respective local water utility long-term average annual extraction limit specified in clause 35 (3) and (4) shall be determined based on a comparison of the extraction limit against the average water taken under local water utility or any future major utility access licences held by Gosford City Council and Wyong Shire Council within the Tuggerah Lakes and Gosford Extraction Management Units over a rolling ten year period commencing from the water year in which the amendment was made.
For the purpose of assessing growth above the respective local water utility long-term average annual extraction limit, the water taken in the Tuggerah Lakes Extraction Management Unit under local water utility or any future major utility licences within these water sources will be determined as:
(a) the water passing the outlet of Mardi Water Treatment Plant minus any water passing the boundary meter from Gosford/Wyong Councils to Hunter Water Corporation, plus
(b) any water passing the boundary meter from Hunter Water Corporation to Gosford/Wyong Councils, plus
(c) water taken by any other local water utility infrastructure nominated by Gosford and Wyong Water Supply Authority and agreed to by the Minister.
For the purpose of assessing growth above the respective local water utility long-term average annual extraction limit, the water taken in the Gosford Extraction Management Unit under local water utility or any future major utility licences within these water sources will be determined as:
(a) the water passing the outlet of Somersby Water Treatment Plant, plus
(b) water taken by any other local water utility infrastructure nominated by Gosford and Wyong Water Supply Authority and agreed to by the Minister.
Any groundwater extractions passed through the Woy Woy Water Treatment Plant will be accounted against the long-term average annual extraction limit established by the respective groundwater macro plan covering that groundwater source.
If monitoring of the water taken under local water utility or any future major utility access licences held by Gosford City Council and Wyong Shire Council indicates growth above the respective local water utility long-term average annual extraction limit as specified in clause 35 (3) or (4), then a review shall be undertaken which considers:
(a) the Gosford City Council and Wyong Shire Councils’ urban water supply requirements, and
(b) the impacts associated with an increase to the respective local water utility long-term average annual extraction limit.
The Minister may amend this clause to take account of access licences issued for the purpose of stormwater harvesting.
This Division is made in accordance with section 20 (2) (b) of the Act.
All available water determinations in these water sources shall be expressed as either:
(a) a percentage of the share component for all access licences where share components are specified as ML/year, or
(b) megalitres per unit share for all access licences where share components are specified as a number of unit shares.
An available water determination for each category of access licence in these water sources should be made at the commencement of each water year.
No available water determination made after the first water year of this Plan is to exceed 100% of access licence share component, or 1 megalitre per unit share of access licence share component.
Subclause (4) does not apply to available water determinations made for aquifer access licences at the commencement of the first water year after the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016.
Section 59 (1A) of the Act provides that an available water determination that is made in relation to a particular category of access licence applies to all subcategories of that category, except to the extent to which it otherwise provides.
Where the long-term average annual extraction limit in these water sources has been exceeded, or not reached, by 5% or more, then available water determinations for certain access licence in these water sources will be increased or reduced in accordance with Division 1 of this Part, to allow extraction to return to the long-term average annual extraction limit.
The available water determination made at the commencement of the first water year of this Plan, for domestic and stock access licences in these water sources, should be for 200% of access licence share component.
The available water determination made at the commencement of each subsequent water year for domestic and stock access licences in these water sources should be for 100% of access licence share component.
The available water determination made at the commencement of each water year for local water utility access licences in these water sources should be for 100% of access licence share component.
If major utility access licences are established in these water sources the available water determination made at the commencement of each water year for major utility access licences in these water sources should be for 100% of access licence share component.
The available water determination made at the commencement of the first water year of this Plan, for unregulated river access licences in these water sources, should be equal to 2 megalitres per unit share of access licence share component.
The available water determination made at the commencement of each subsequent water year for unregulated river access licences in these water sources should, where possible, be equal to 1 megalitre per unit share of access licence share component, or such lower amount resulting from clause 38.
The available water determination made at the commencement of the first water year after the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016, for aquifer access licences in these water sources, should be equal to 2 megalitres per unit share of access licence share component.
At the commencement of the first water year after the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016 and at the commencement of each water year after the first water year in which the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016 has effect, an available water determination of 1 megalitre per unit of share component, or such lower amount that is determined under Division 1 of this Part, should be made for aquifer access licences in these water sources.
This Part is made in accordance with sections 20 (2) (b), 21 (a) and 21 (c) of the Act, having regard to:
(a) environmental water rules provisions in this Plan,
(b) requirements for water to satisfy basic landholder rights, and
(c) requirements for water for extraction under access licences.
Water taken by a nominated water supply work under an access licence will be debited against the water allocation account for the access licence.
The volume of water extracted by a nominated water supply work is used to account for the extractions against an individual access licence water allocation account. In the case of the local water utility access licences the amount of water extracted by nominated water supply works will not be used to account against the local water utility long-term average annual extraction limit. Accounting against the local water utility long-term average annual extraction limits will be undertaken in accordance with clause 38 (9) of this Plan.
It is an offence under the Act to take water when there is no, or insufficient water allocations credited to a water allocation account for an access licence.
Where a water supply work is being used both to take water for basic landholder rights and an access licence(s), the water is to be accounted on the basis that an annual volume equal to the basic landholder right for the water year will be the first volume regarded as being taken and all other water taken in that year will be accounted as extraction pursuant to the respective access licence(s).
Notwithstanding subclause (4), the maximum volume that may be taken under a domestic and stock access licence and unregulated river access licence in these water sources in the first 3 water years of this Plan may not exceed a volume equal to:
(a) 3 times the access licence share component (for access licences with share components expressed as megalitres per year), or 3 megalitres per unit share of access licence share component (for access licences with share components expressed as a number of unit shares),
(b) plus any water allocations assigned from another access licence under section 71T of the Act, in those years,
(c) plus any water allocations re-credited in accordance with section 76 of the Act, in those years, and
(d) minus any water allocations assigned to another access licence under section 71T of the Act, in those years.
For the period of any three consecutive water years after the first water year in which this Plan has effect, water taken under a domestic and stock access licence or an unregulated river access licence in these water sources, must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,
(ii) the water allocations carried over from the water year prior to those three water years under subclause (5),
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those three water years, and
(iv) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years,
(ii) the share component of the access licence at the beginning of the second of those three water years,
(iii) the share component of the access licence at the beginning of the third of those three water years,
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those three water years, and
(v) any water allocations re-credited to the water allocation account for the access licence in accordance with section 76 of the Act, in those three water years.
The maximum water allocation that can be carried over in the accounts of domestic and stock access licence and unregulated river access licence from one water year to the next shall be equal to:
(a) 100% of access licence share component, for access licences with share components expressed as megalitres per year, or
(b) 1 megalitre per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.
Water allocations in the accounts of local water utility or major utility access licences shall not be permitted to be carried over from one water year to the next in the Tuggerah Lakes, Brisbane Water, Mangrove Creek, Mooney Mooney Creek, Jilliby Jilliby Creek and Ourimbah Creek Water Sources.
The maximum water allocation that can be carried over in the accounts of local water utility or major utility access licence in the Wyong River Water Source from one water year to the next shall be equal to 30% of the access licence share component.
Notwithstanding subclause (9), the maximum volume that may be taken under an aquifer access licence in these water sources in the first three water years after the commencement of the first water year after the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016 may not exceed a volume equal to:
(a) three times the share component of the access licences,
(b) plus any water allocations assigned from another access licence by a water allocation assignment under section 71T of the Act in those years,
(c) plus any water allocations recredited in accordance with section 76 of the Act in those years, and
(d) minus any water allocation assigned to another access licence, by a water allocation assignment under section 71T of the Act in those years.
For the period of any three consecutive water years after the first water year after the commencement of the first year after the commencement of the Water Sharing Plan for the Central Coast Unregulated Water Sources Amendment Order 2016, the maximum volume of water that may be taken under an aquifer access licence in these water sources, must not exceed a volume equal to the lesser of:
(a) the sum of:
(i) water allocations accrued to the water allocation account for the access licence from available water determinations in those three water years,
(ii) the water allocations carried over from the water year prior to those three water years under subclause (10),
(iii) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those three water years, and
(iv) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act, in those three water years, or
(b) the sum of:
(i) the share component of the access licence at the beginning of the first of those three water years,
(ii) the share component of the access licence at the beginning of the second of those three water years,
(iii) the share component of the access licence at the beginning of the third of those three water years,
(iv) the net amount of any water allocations assigned to or from the water allocation account for the access licence under section 71T of the Act, in those three water years, and
(v) any water allocations recredited to the water allocation account for the access licence in accordance with section 76 of the Act, in those three water years.
The maximum water allocation that can be carried over in the water allocation account for an aquifer access licence from one water year to the next is equal to:
(a) 100% of access licence share component, for access licences with share components expressed as ML/year, or
(b) 1 megalitre per unit share of access licence share component, for access licences with share components expressed as a number of unit shares.
This Division is made in accordance with sections 20 (2) (b) and 21 (a) of the Act.
At the commencement of this Plan, total daily extraction limits (hereafter
In the Wyong River Water Source, from year six of this Plan, total daily extraction limits for each flow class shall apply for all access licences, excluding local water utility or major utility access licences as follows:
(a) 8.7 ML/day in A Class,
(b) 15.6 ML/day in B Class, and
(c) 24.5 ML/day in C Class.
In the Wyong River Water Source, from year six of this Plan or following the completion of works referred to at Schedule 3, whichever is the sooner, and until the combined storage level in the local water utility’s storage dams is equal to 60% for the first time within the term of this Plan, total daily extraction limits for each flow class shall apply for local water utility or major utility access licences as follows:
The daily rate or annual volumetric limit specified under subclause (4) will be as determined by the Minister to meet the relevant criteria specified in clauses 71B (2) (d), 71C (3) (a), 71D (3) or (4) (d) or 71E (2) (d).
Releases/bulk water movement from Mangrove Creek Dam by a local water utility or major utility may be made, within operational constraints, subject to the releases/bulk water movement providing river flows which reflect the following:
(a) more natural rates of rise and fall,
(b) increased natural seasonal variability where possible, and
(c) more natural duration periods.
The intention of providing releases which more closely reflect natural flow conditions helps to ensure natural ecological processes can operate when releases are being made by the local water utilities. For example, macroinvertebrates have time to move back into permanently wet areas of the stream if rates of fall are similar to those that occur naturally.
Release rules from Mangrove Creek Dam require that the flows to be released, if and when required, shall be the lesser of:
(a) inflow, or
(b) an average flow of 2.7 ML/day during the months of September to July inclusive, or
(c) an average flow of 2.0 ML/day during the months of May to August inclusive, or
(d) a sufficient release so as to maintain a visible flow in Mangrove Creek immediately above its junction with Warren Warren Creek and at the bridge over Mangrove Creek immediately above its junction with Dubbo Creek.
Measured seepage may be taken into account as part of the releases required.
Release rules from Mangrove Creek Weir require that releases shall be made from Mangrove Creek Weir, such that when inflows minus the releases from Mangrove Creek Dam down Mangrove Creek are equal to or less than 3 ML/day then the release must be equal to or greater than the inflow minus the releases from Mangrove Creek Dam down Mangrove Creek.
Release rules from Upper Mooney Mooney Creek Dam require that releases shall be made from Upper Mooney Mooney Creek Dam, such that when inflows are equal to or less than the 0.6 ML/day then the release must be equal to or greater than the inflow.
Release rules from Lower Mooney Mooney Creek Dam require that releases shall be made from Lower Mooney Mooney Creek Dam, such that when inflows are equal to or less than the 95th percentile flow then the release must be equal to or greater than the inflow.
Release rules specified in subclause (5) may be amended in this Plan based on further investigation of seepage at the Lower Mooney Mooney Creek Dam by the local water utilities to allow determination by the Minister as to whether seepage from this Dam meets the requirements of the release provisions.
The intent of the subclause (5) may be met by seepage which is occurring at this Dam. Photo verification and water quality monitoring to look at the volume and water quality of the seepage water should be undertaken with a report submitted to the Minister for consideration of review of this Plan provisions. If required a bypass requirement may be introduced.
Release rules specified in subclauses (2) to (5) may be amended in this Plan based on further studies which the Minister may direct relevant local water utilities to undertake when combined storage levels in local water utility’s storage dams is equal to or greater than 60% capacity.
The studies in subclause (7) are to be undertaken in line with recommendation 8.3.1 of the Final Report—Independent Inquiry into the Hawkesbury Nepean System (HRC 1998).
These studies are proposed to determine the probable flow range of ecological responses for various levels of flow protection. To date they have not been undertaken due to dry weather conditions. Further detail on the studies is also provided in Environmental Flows Expert Panel Report (Quality Environmental Management P/L 2001).
This Plan may be amended as specified in this Plan, pursuant to section 45 of the Act.
Amendments specified throughout this Plan, and in this Part, are amendments authorised by this Plan.
Amendments authorised by this Plan are taken to include any consequential amendments required to be made to this Plan to give effect to that particular amendment.
For example, if Part 1 is amended to add a new management zone, this may require amendment to other parts of this Plan to include rules for that management zone.
An amendment authorised by this Plan which results in a variation of the bulk access regime, is an amendment authorised by this Plan for the purposes of sections 87 (2) (c) and 87AA of the Act.
Before varying this Plan as a result of ongoing monitoring and investigations undertaken in clause 75 (1), advice should be sought from an interagency committee with representatives of the Department of Water and Energy, the Department of Primary Industries and the Department of Environment and Climate Change.
The interagency committee should provide advice to the Minister on the ongoing monitoring and investigations report, and advise on any changes to the recommendations contained in the report in relation to any variation of this Plan provisions.
The review body should respond to the Minister as soon as practical after receiving the report, or within 3 months of that date, at the latest.
The Minister may amend this Plan, based on the verified outcomes of any ongoing monitoring and investigations associated with the Wyong River Environmental Flows Study or any other new study to:
The monitoring and investigations will help inform the setting and/or amendment of flow classes, daily extraction limits, environmental water requirements, and share components for the local water utility access licences.
(a) amend the flow classes established in clauses 17 (1) (a), 17 (1) (d) and 17 (1) (e) of this Plan, including additional flow classes as appropriate,
(b) establish and/or amend the very low flow access conditions for local water utility access licences specified in clause 64 of this Plan,
(c) amend the planned environmental water rules specified in clause 19 (3) of this Plan,
Note— The amendment of planned environmental water rules may include the introduction of antecedent conditioned protection of freshes through the system.
(d) amend the system operation rules specified in clause 72 of this Plan,
Note— The monitoring and investigations should identify any operational conditions on Gosford Wyong Councils Water Authority (GWCWA) in regard to the supply of water to the estuary to meet environmental requirements at low flows associated with draw-down of the weir, e.g. is the flow to be maintained at a constant level or can the weir be drawn down and flows allowed to pass periodically. This issue is related to the GWCWA’s infrastructure limitations. Currently Department of Primary Industries has an agreement with GWCWA to provide fish passage over the Wyong Weir during specific periods of the year by limiting extraction. These rules will be reviewed to consider operational constraints and to refine the timing of providing fish passage, both diurnally (e.g. all day, dawn, dusk) and seasonally.
(e) amend the share component of the local water utility or major utility access licences specified in clauses 28 and 29 of this Plan, and
Note— The share component refers to the annual volume of water specified on the access licence. The outcomes of the study and ongoing monitoring and investigations may alter the share components currently specified. The Water Sharing Plan for the Central Coast Unregulated River Water Sources currently proposes an annual share component of 34,600 ML (annual maximum) from the Wyong River. The Water Sharing Plan for the Ourimbah Creek Water Source currently specifies a share component of 5,000 ML from Ourimbah Creek with a 3 year rolling average with a maximum of 200% access in any one year. The share component for the Wyong River has been initially set at a high level to allow GWCWA to fill its storages during high flows.
(f) amend the percentage extraction for local water utility access licences in clause 47 (3) and (4) of this Plan.
In amending any of the provisions as specified in subclause (1) the net effect should not reduce the yield of the local water utilities water supply below 47,300 ML/yr, including any water sourced from Hunter Water Corporation.
47,300 ML/yr refers to the 2050 demand projection for the Central Coast.
The Minister should cause any ongoing activities in subclause (1) to be undertaken during the term of this Plan.
In undertaking the ongoing monitoring and investigations:
(a) consultation with the Department of Water and Energy, the Department of Primary Industries, the Department of Environment and Climate Change, the Gosford Wyong Councils Water Authority, Local Land Services, and representatives of interest groups as required should be undertaken, and
Note— Interest groups may include representatives of local Water User Associations (or licence holders in the absence of WUA), Landcare or environment groups, local industry and commerce representatives, Aboriginal groups, local government etc.
(b) a report should be prepared to be used by the agencies and stakeholders specified in subclause (a) documenting:
(i) the methodology adopted,
(ii) the hypotheses tested,
(iii) the ongoing monitoring and investigations results and conclusions in relation to:
(1) flow classes,
(2) total daily extraction limits,
(3) share components for local water utility access licences, and
(4) environmental flow provisions, and
(iv) the socio-economic impacts of recommended changes including anticipated impact on local water utility yield.
This amendment provision reflects the need to have an improved understanding of the flow requirements of the estuary prior to any additional extraction occurring in the water sources feeding into the estuary.
Part 3 of this Plan may be amended to do any of the following in the Jilliby Jilliby Creek Water Source and the Ourimbah Creek Water Source:
(a) establish or assign TDELs in these water sources or management zones to protect a proportion of flow within each flow class for the environment,
(b) amend or remove TDELs if TDELs have been established or assigned,
(c) include rules for the establishment, assignment and removal of IDELs,
(d) remove the existing access rules where TDELs and/or IDELs have been established under paragraphs (a) or (c) to protect a proportion of flow within each flow class for the environment,
(e) reinstate access rules that applied at the commencement of this Plan, where TDELs and IDELs have been removed under paragraphs (b) and (c),
(f) amend existing flow classes, establish new or additional flow classes or amend the flow reference point in order to establish TDELs and IDELs.
This Plan may be amended to provide for the floodplain harvesting of water, subject to the amendments not affecting the outcomes of the long-term average annual extraction limit specified within this Plan.
This means that this Plan can be changed to issue and manage floodplain harvesting licences provided that the long-term average annual extraction limit (LTAAEL) does not increase or decrease. Floodplain harvesting in coastal systems is limited compared to inland systems. By not amending the LTAAEL with the granting of these licences, coastal systems are being consistent with inland systems where growth is managed within the existing LTAAEL.
The Minister may amend this Plan to amend:
(a) Part 3 and/or Part 4 to permit the taking of water in any Flow Class where a stormwater harvesting licence and nominated water supply works are being used to provide inflows to the water source which are then able to substitute for all or part of the flow requirements of the Very Low Flow Class. The extent to which Part 3 and/or Part 4 can be amended is to be in proportion to the extent that the stormwater harvesting can substitute for the flow requirements of any Flow Class, and such that there is no net disbenefit to the environment,
Note— Approval of any substitution flows is at the discretion of the Minister and is subject to consideration of the likely impact of the flows on water quality, aquatic biology etc.
(b) Part 8, to permit the application for and granting of a stormwater harvesting access licence, if such a category has been created under the Act,
(c) Part 9, to account for water taken and/or returned to the water source under a stormwater harvesting access licence, against the respective long-term average annual extraction limit,
(d) Part 10, Division 2, to account for water taken and/or returned to the water source under a stormwater harvesting access licence, against access licence water allocation accounts,
(e) Part 10, Division 3, to account for water taken under a stormwater harvesting access licence, against the total daily extraction limit or to permit the taking of water in excess of the total daily extraction limit where a stormwater harvesting access licence and nominated water supply works are being used to provide additional inflows to the water source such that there is no net disbenefit to the environment,
(f) Part 11, to prescribe the types of access licence dealings that stormwater harvesting access licences can and can’t undertake,
(g) Part 12, to prescribe the mandatory conditions that are to apply to stormwater harvesting access licences and water supply works, and
(h) Part 14, to prescribe any system operational rules for stormwater harvesting water supply works.
The Minister may amend this Plan to:
(a) add a Water Act 1912 entitlement or access licence to Schedule 2, but only if the taking of water under that entitlement was for a purpose referred to in clause 19 (3) (d) (i) and the purpose existed prior to 1 July 2008, or
(b) remove a Water Act 1912 entitlement from Schedule 2, if:
(i) any access licence dealing results in water being taken, under the access licence which replaced the Water Act 1912 entitlement, from a different location, or
(ii) an alternative water supply is obtained that satisfies the requirement(s) for water for the purposes listed in this clause, or the purpose no longer exists, or
(iii) the access licence which replaced the Water Act 1912 entitlement is surrendered or cancelled.
(c) amend or remove Schedule 2 to this Plan, following an assessment which determines that the requirement for access to water in the Very Low Flow Class under this clause is no longer required generally or for specific access licences.
(d) remove a Water Act 1912 entitlement or access licence from Schedule 2 that has been converted to a local water utility access licence,
(e) add a Water Act 1912 entitlement or access licence to Schedule 2, if the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan.
Schedule 2A may be amended to do any of the following:
(a) add a new access licence to clause 1 of Schedule 2A, provided that a written request has been made to the Minister and the Minister is satisfied that extraction under the access licence is for a purpose listed in clause 20 (4) (a) and that the purpose was specified on, or referred to in the conditions of, the Water Act 1912 entitlement that was replaced by the access licence,
(b) add a local water utility access licence or an access licence of the subcategory “Town water supply” to clause 2 of Schedule 2A, provided the Minister is satisfied that the water supply system used to take, store and deliver water has not undergone major augmentation since the commencement of this Plan,
(c) remove an access licence or Water Act 1912 entitlement from clause 1 of Schedule 2A if:
(i) an access licence dealing results in water being taken under the licence from a different location, or
(ii) an alternative water supply is obtained, or
(iii) the access licence is surrendered or cancelled,
(d) remove a local water utility access licence, an access licence of the subcategory “Town water supply” or a Water Act 1912 entitlement from clause 2 of Schedule 2A if:
(i) the Minister is satisfied that the water supply system used to take, store and deliver water has undergone major augmentation since the commencement of this Plan, or
(ii) the access licence is surrendered or cancelled or the purpose ceases to exist.
Schedule 2A or part thereof may be deleted if the Minister is satisfied that it is no longer required.
After major augmentation of the local water utility’s water supply infrastructure, as specified in Schedule 3, the Minister may amend clause 19 (3) and Schedule 2 to this Plan to permit the taking of water by the holders of local water utility access licences during periods of very low flows following the establishment of works to discharge urban stormwater, reused water, recycled water or other return flows approved by the Minister from time to time.
The volume of water which may be extracted during very low flows under subclause (2) is to be equal to the volume of the substitution flows.
Approval of any substitution flows is at the discretion of the Minister and is subject to consideration of the likely impact of the flows on water quality, aquatic biology etc.
For the purposes of subclauses (1) and (2),
The mandatory conditions in Part 11 can be amended in relation to record keeping including amendments in relation to the requirements for Logbooks.
This Plan may be amended to provide for the interception of runoff from land before it reaches a stream by plantations or other means.
This Plan may be amended to allow for the granting of aquifer interference approvals and the management of aquifer interference activities.
Consequential amendments may be made to this Plan as a result of an amendment to the Act or regulations.
This Plan may be amended to include rules for the following:
(a) managed aquifer recharge,
Note— Managed aquifer recharge schemes involve taking water such as recycled water or urban stormwater, treating it and then storing it in underground aquifers under controlled conditions. This water can then be extracted at a later time.
(b) the shepherding of water,
Note— Shepherding is defined in the Dictionary.(c) the management of salt interception schemes.
This Plan may be amended following the granting of a native title claim pursuant to the provisions of the Native Title Act 1993 of the Commonwealth to give effect to an entitlement granted under that claim.
This Plan may be amended after Year 5 of this Plan to provide rules for the protection of water-dependent Aboriginal cultural assets to do any of the following:
(a) identify water-dependent Aboriginal cultural assets,
(b) restrict the granting and amending of water supply work approvals to protect water-dependent Aboriginal cultural assets,
(c) amend the dealing rules to protect water dependent Aboriginal cultural assets.
Any amendment under subclause (6) will take into account the socio-economic impacts of the proposed change and the environmental water requirements of the water source.
Before making an amendment pursuant to subclause (6) the Minister should consult with relevant Government agencies and stakeholders.
The following definitions apply to this Plan in addition to the definitions set out in the Act:
(a) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 (whether before or after its repeal), or
(b) State significant development authorised by a development consent under Part 4 of that Act, or
(c) State significant infrastructure approved under Part 5.1 of that Act.
Natural drawdown may occur due to seasonal climatic changes. Groundwater pumping may also result in seasonal and long-term drawdown.
The Strahler stream ordering methods is explained as follows.
• Starting at the top of a catchment, any watercourse that has no other watercourses flowing into it is classed as a 1st order watercourse,
• Where two 1st order watercourses join, the watercourse becomes a 2nd order watercourse,
• If a 2nd order watercourse is joined by a 1st order watercourse — it remains a 2nd order watercourse,
• When two or more 2nd order watercourses join they form a 3rd order watercourse, and
• A 3rd order watercourse does not become a 4th order watercourse until it is joined by another 3rd order watercourse and so on.
The Strahler stream ordering method is described in the order made under section 5 of the Water Act 1912 published in the NSW Government Gazette no. 37 on 24 March 2006 page 1500, or as may be amended or updated from time to time by further order.
Mangrove limit and tidal limit are defined in the ‘DIPNR Survey of tidal limits and mangrove limits in NSW estuaries 1996 to 2003’ (NSW Dept of Commerce, Manly Hydraulics Laboratory).
Schedule 2 currently lists former Water Act 1912 entitlements from which access licences will be derived upon commencement of the Water Sharing Plan.
20SL061720 |
20SL050381 | 20SL038117 | 20SL023693 | 20SL023693 |
20SL019457 | 20SL025461 | 20SL032168 | 20SL040385 |
20SL056675 | 20SL056720 | 20SL056057 | 20SL056467 |
20SL040230 | 20SL045333 | 20SL039289 | 20SL051226 |
20SL045333 | 20SL051226 | 20SL039289 | 20SL028527 |
20SL033407 | 20SL044633 | 20SL060746 | 20SL060776 |
20SL039830 | 20SL019691 | 20SL033407 | 20SL019691 |
20SL061688 | 20SL061758 | 20SL039830 |
20SL060789 | 20SL061639 |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by access licences on commencement of this Plan |
This clause applies to each access licence which replaces a Water Act 1912 entitlement listed in the table below.
Water Act 1912 entitlements that will be replaced by local water utility access licences or access licences of the subcategory “Town water supply” on commencement of this Plan |
There are no access licences listed in this Schedule. Clause 78 (1A) allows for this Plan to be amended to add access licences to this Schedule subject to the requirements in that clause.
The following Gosford City Council and Wyong Council infrastructure works are listed for the purpose of clauses 17, 47 and 78:
• Wyong River Weir fish way upgrade,
• New Wyong River pumping station,
• New rising main between the New Wyong River Pump station and Mardi Dam,
• Mangrove Creek Dam inlet outlet upgrade (Boomerang Creek),
• Transfer system between Mardi Dam and Mangrove Creek Dam, and
• Water Treatment works.
Contamination sources in these water sources comprise the following:
(a) on-site sewage disposal systems or septic tanks,
(b) any sites which have been declared to be significantly contaminated land under the Contaminated Land Management Act 1997,
(c) any sites that are or have been the subject of an activity listed in Table 1 of the contaminated land planning guidelines published under the Environmental Planning and Assessment Act 1979 from time to time.
High priority groundwater-dependent ecosystems in these alluvial sediments are as specified in Table A.
Table A – High priority groundwater-dependent ecosystems
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
High priority groundwater-dependent ecosystems | Type | Easting | Northing | Zone | Water Source |
Terrigal Lagoon – South | Lake | 540655.868 | 13699359.869 | 56 | Brisbane Water Water Source |
Terrigal Lagoon – North | Lake | 354441.996 | 13700037.345 | 56 | Brisbane Water Water Source |
Porters Creek Wetland | Wetland | 354113.954 | 13681308.497 | 56 | Wyong River Water Source |
1 High priority groundwater-dependent ecosystems (
GDEs ) are currently under investigation and some may be identified during the term of this Plan. The full list of potential GDEs will be identified on the Departmental GDE Register and as a precautionary approach, will be considered by staff in the assessment of any application for a water supply work approval within the area of this Plan. If it becomes verified as a high priority GDE, this Schedule will be amended to include the GDE.
2 The approximate location of GDEs listed in Column 1 of Table C is provided as Easting and Northing coordinates in Columns 3 and 4 of Table C.
Copies of the Plan Map may be inspected at the following offices:
• DPI Water
Department of Industries
Level 3, 107–109 Mann Street
GOSFORD NSW 2250
• DPI Water
Department of Industries
Level 3, 26 Honeysuckle Drive
DANGAR NSW 2309
• DPI Water
Department of Industries
10 Valentine Ave
PARRAMATTA NSW 2150
Any notifications that may be required to be made to the Minister, as specified in this Plan can be addressed to the following office:
• DPI Water
Department of Primary Industries
PO Box 2213
DANGAR NSW 2309
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